National Association of Self-Regulatory Organizations of Arbitration Managers

Registration number "0028 Registration date 03.07.2009

Tel./

Moscow, st. Makarenko, 5 building 1 office 3 (4

Russian UnionSelf-regulating Organizations of Arbitration Managers

Ref. No. 1-03/73 dated 01/01/2001

To the Minister

economic development

Russian Federation

In accordance with Articles 26.1. and 201.7 of the Federal Law of 01.01.01. “On insolvency (bankruptcy)” The Russian Union of Self-Regulatory Organizations of Arbitration Managers has developed the Federal standard “Rules for maintaining the Register of claims for the transfer of residential premises.” This standard was approved by the decision general meeting Russian Union of Self-Regulatory Organizations of Arbitration Managers (Minutes No. 22 of 01.01.2001).

In accordance with the decision of the general meeting of members of the Russian Union of SROs, I am sending you the specified Rules for maintaining the Register of Requirements for the Transfer of Residential Premises for approval as a federal standard.

Appendix – the above Rules on 3 (Three) sheets.

Sincerely,

President of the Russian Union of SROs A. A Nefedov

APPROVED

By decision

General meeting of members

National Association

Russian Union of Self-Regulating

Organizations of Arbitration Managers

(Minutes No. 22 dated 01/01/2001)

Federal standard

“Rules for maintaining the Register of requests for transfer

residential premises"

1. The rules for maintaining a register of claims for the transfer of residential premises (hereinafter referred to as the register), including the composition of information to be included in the specified register and the procedure for providing information from the specified register, are developed in accordance with Article 2017 of the Federal Law of January 1, 2001. “On insolvency (bankruptcy)” (Collected Legislation of the Russian Federation, 2002, No. 43, Art. 4190; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 18, Art. 46; No. 44, Art. 4471 ; 2006, No. 30, Art. 3292; No. 52, Art. 5497; 2007, No. 7, Art. 834; No. 18, Art. 2117; No. 30, Art. 3754; No. 41, Art. 4845; No. 49, Article 6079; 2008, No. 30, Article 3616; No. 49, Article 5748; 2009, No. 1, Article 4, Article 14; No. 18, Article 2153; No. 29, Article 3632; No. 51, Article 6160; No. 52, Article 6450; 2010, No. 17, Article 1988; No. 31, Article 4188, Article 4196; 2011, No. 1, Article 41; No. 7, Article 905; No. 19, Article 2708; No. 29, Article 4301).

2. The register is unified system records containing information about creditors - participants in construction (hereinafter referred to as creditors) and their requirements to the developer for the transfer of residential premises, namely:

a) last name, first name, patronymic, passport details, place of residence, as well as postal or email address - for an individual;

b) name, location, main state registration number - for a legal entity;

V) Bank details creditor (if any);

d) the amount paid by the creditor to the developer under the agreement providing for the transfer of residential premises, and (or) the value of the property transferred to the developer in rubles;

e) the amount of unfulfilled obligations of a construction participant to the developer under an agreement providing for the transfer of residential premises, in rubles (including the cost of untransferred property specified in such an agreement);

f) information about the residential premises (including its area), which is the subject of an agreement providing for the transfer of residential premises, as well as information identifying the construction site in accordance with such an agreement;

g) the grounds for the creditor’s claim;

h) the date of entry of the creditor's claim into the register;

i) information on repayment of the creditor’s claim;

j) date of repayment of the creditor's claim;

k) the grounds and date of exclusion of the creditors' claims from the register.

l) the grounds and date of amendments to the creditor’s claim.

For the purposes of these Rules, an entry means the entry into the register of information about one claim of one creditor as of the date of entry into the register.

3. The register is maintained by the arbitration manager in accordance with the requirements of the Insolvency (Bankruptcy) Law.

4. The register consists of sections, each of which contains information about the claims of creditors for the transfer of residential premises in relation to a specific construction project. The register is maintained in Russian, on paper and in in electronic format.

5. If the Register is submitted at the place of request on paper, the Register is presented in the form of bound and numbered sheets, each of which is signed by the arbitration manager.

6. Entries in the register are made in chronological order as the arbitration manager receives rulings from the arbitration court to include the relevant requirements in the register.

An entry in the register is made by the arbitration manager on the day the arbitration court’s ruling on inclusion of the relevant requirements in the register is received.

7. Changes in records are made on the basis of a judicial act, with the exception of changes in information about each creditor. If information about the creditor changes, a note is made in the corresponding register entry based on the notification of the creditor.

In the event of the death of the creditor, on the basis of the death certificate, a record is made of the suspension of the execution of this requirement until the legal heirs enter into the inheritance and the adoption of a judicial act to replace the creditor.

Each change in the record must contain the date the change was made, the basis for the change and the signature of the arbitration manager.

8. Based on the ruling of the arbitration court on the transfer of an unfinished construction project, the creditors’ claims, repaid in the relevant part, are excluded by the arbitration manager from the register of claims for the transfer of residential premises, the remaining outstanding part of the claims for the transfer of residential premises is excluded from the register of claims for the transfer of residential premises, as stated in the relevant The register entry makes a note about the exclusion of the creditor's claim, indicating the date and reason for the exclusion.

Based on the ruling of the arbitration court on the transfer of residential premises to participants in the construction of residential premises, the arbitration managers fully repay the claims for the transfer of residential premises in the register of claims for the transfer of residential premises, about which a note is made in the corresponding register entry about the exclusion of the creditor’s claim, indicating the date and reason for the exclusion.

9. Until the end of the proceedings, the arbitration manager shall keep the register, judicial acts confirming the validity of the creditors’ claims for the transfer of residential premises and the inclusion of these requirements in the register.

10. When transferring the register to another arbitration manager, the arbitration manager:

a) generates final records as of the date of transfer of the register;

b) makes a note about the transfer of the register in each section of the register;

c) draws up an act of acceptance and transfer and transfers in accordance with it the register, judicial acts confirming the validity of the creditors’ claims for the transfer of residential premises and the inclusion of these requirements in the register.

Reception and transfer of the register are carried out on the basis of an acceptance and transfer certificate, which is signed by the arbitration manager transferring the register, and by the arbitration manager accepting the register. The register and the documents attached to it are subject to transfer upon signing the acceptance certificate. From the date of signing this act, the arbitration manager who accepted the register is responsible for maintaining the register.

Judicial acts and creditors' demands for inclusion in the register, received by the arbitration manager who transferred the register after signing the acceptance certificate, are transferred to the arbitration manager who accepted the register under a separate acceptance certificate.

11. A corresponding note is made regarding the closure of the register, indicating the date of closure of the register.

12. Copies of the register on paper and electronic media are stored in places that prevent their simultaneous loss.

If the register is lost, it must be restored on the basis of the materials of the bankruptcy case no later than three days from the date of discovery of the loss.

13. At the request of the creditor (his authorized representative), the arbitration manager, within five working days from the date of receipt of the demand, sends, respectively, an extract from the register or a copy of the register section (electronically or on paper) to the creditor (his authorized representative). If there is no information about the requirements for the transfer of the residential premises of the specified creditor in the register, the arbitration manager sends a message to the creditor or his authorized representative about this.

An extract from the register or a copy of a section of the register is signed by the arbitration manager, and if sent electronically, with an electronic signature.

The expenses of the arbitration manager for preparing and sending an extract from the register or a copy of a section of the register on paper are subject to reimbursement by the creditor.

How do you feel about the abandonment of self-regulation and the return of the institution of licensing in the construction industry?

From 04/07/2017 to 05/12/2017

For maintaining self-regulation, in the form in which it currently exists 0% (0)

For the preservation of self-regulation, subject to the introduction dramatic changes 0% (0)

For the return of licensing, in the form in which it existed before 2009 0% (0)

For using two mechanisms simultaneously: licensing and insurance 0% (0)

For refusing self-regulation and introducing an insurance mechanism 0% (0)

For refusal of any regulatory mechanisms in the construction industry 0% (0)

Question answer:

Question: Can a foreign company join an SRO in the construction industry without registering a branch of a foreign company with the Federal Tax Service?

Despite the fact that the Town Planning Code of the Russian Federation directly states that foreign legal entities (foreign companies) can join SROs of builders, designers and prospectors, and does not indicate the need to register a branch or representative office of a foreign legal entity in Russia (Art. 55.6 of the City Code - foreign companies are indicated), self-regulatory organizations, when admitting members, are guided by the norms of the Federal Law “On Foreign Investments in the Russian Federation” dated 07/09/1999 No. 160-FZ, where in clause 3, art. 4 indicates the need for accreditation of a branch or representative office foreign company on the territory of Russia, to carry out commercial activities.

We quote: “A foreign legal entity, the purpose of creation and (or) whose activities are of a commercial nature and which bears property liability for the obligations assumed by it in connection with the implementation of the specified activities on the territory of the Russian Federation (hereinafter referred to as the foreign legal entity), has the right to carry out activities on territory of the Russian Federation through a branch or representative office from the date of their accreditation, unless otherwise established by federal laws. A foreign legal entity ceases to operate on the territory of the Russian Federation through a branch or representative office from the date of termination of the accreditation of the branch or representative office.

The day of accreditation of a branch, representative office of a foreign legal entity or making changes to the information contained in the state register of accredited branches, representative offices of foreign legal entities, which is information system(hereinafter also referred to as the register), or the termination of the accreditation of a branch or representative office of a foreign legal entity is recognized as the day the corresponding entry is made in the register. (clause as amended by Federal Law dated May 5, 2014 No. 106-FZ)"

Question: Is it possible to return the contribution to the compensation fund?

Answer: In accordance with Part 4 of Art. 55.7 of the Urban Planning Code of the Russian Federation, a person who has ceased membership in a self-regulatory organization will not be refunded the contribution to the compensation fund, unless otherwise provided.
By “other” we mean certain cases described in Art. 3.2 Federal Law “On the implementation of the Town Planning Code of the Russian Federation” dated December 29, 2004 No. 191-FZ (as amended by the Federal Law “On amendments to the Town Planning Code of the Russian Federation and certain legislative acts of the Russian Federation” dated July 27, 2010 No. 240-FZ). They state that the construction, engineering, survey SRO is obliged to return the funds of the comp fund paid by them to organizations or individual entrepreneurs that have ceased membership in the relevant partnership, if the following conditions are met:
1) obtaining the admission of this SRO to a certain type or types of work excluded on August 1, 2010 from the official list of types of work on engineering surveys, on the preparation of project documentation, on construction, reconstruction, major repairs of capital construction projects that affect the safety of capital objects construction;
2) the person does not have access to other types of work (no other types of work are authorized by the SRO);
3) termination of membership in this SRO no earlier than two and no later than 6 months from the date of exclusion of the types of work reflected in the permit from the official list classifier (that is, from September 1, 2010 to January 1, 2011).
Let us note that only if all three of the above conditions are met, the self-regulatory organization is obliged to return contributions to the compensation fund to its members who have resigned in full.
To return Money a period of no more than 10 calendar days was allotted after termination of membership. The day of termination of membership is determined by the day of registration of an application from an individual entrepreneur or legal entity to withdraw from the SRO.
Due to the fact that several years have already passed since the period of time allotted for the official termination of membership in the SRO, these grounds seem irrelevant.
The Town Planning Code defines only a few assumptions for making payments from the compensation fund of a self-regulatory organization. Money can be returned if it was mistakenly transferred to the SRO account; listed for placement of funds from the SRO compensation fund in order to preserve and increase it; used to make payments as a result of joint liability for the obligations of its members arising as a result of causing harm.

5. Membership of a self-regulatory organization in the national association of self-regulatory organizations of insolvency practitioners shall be terminated in the event of:
- submission by a self-regulatory organization to the national association of self-regulatory organizations of arbitration insolvency practitioners of an application to withdraw from this national association;
- exclusion of a self-regulatory organization from the national association of self-regulatory organizations of arbitration insolvency practitioners on the grounds provided for by the charter of this national association.
6. The control (supervision) body excludes information about the national association of self-regulatory organizations of arbitration insolvency practitioners from the single state register self-regulatory organizations of arbitration insolvency practitioners if:
- the court or an authorized body of the national association of self-regulatory organizations of arbitration managers made a decision on its liquidation;
- the number of members of the national association of self-regulatory organizations of arbitration insolvency practitioners will be less than fifty percent of all self-regulatory organizations, information about which is included in the unified state register of self-regulatory organizations of arbitration insolvency practitioners, upon the application of this association, as well as upon the application of any self-regulatory organization that is not a member of this association, submitted no earlier than six months from the date of occurrence of the specified circumstance.
7. In the national association of self-regulatory organizations of arbitration managers, a collegial management body is formed, which must include representatives of self-regulatory organizations - members of the national association of self-regulatory organizations, as well as one representative each from the control (supervision) body and the regulatory body.
Independent experts, representatives of scientific, educational, public organizations, who are not representatives of self-regulatory organizations, should make up no more than twenty-five percent of the composition of the collegial governing body of the national association of self-regulatory organizations of arbitration managers.
8. A self-regulatory organization of arbitration managers, information about which is included in the unified state register of self-regulatory organizations of arbitration managers, cannot be refused membership in the national association of self-regulatory organizations of arbitration managers, except if such a self-regulatory organization was excluded from the membership of this national association and less than two years have passed since the date of her exclusion.
9. The National Association of Self-Regulatory Organizations of Arbitration Managers has the right to:
- develop federal standards;
- develop a unified training program for arbitration managers;
- represent the interests of self-regulatory organizations in their relations with authorities state power the Russian Federation, government bodies of the constituent entities of the Russian Federation, local government bodies;
- protect rights and legitimate interests self-regulatory organizations of arbitration managers;
- appeal to judicial procedure acts and actions of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local government bodies and their officials, violating the rights and legitimate interests of any self-regulatory organization or group of self-regulatory organizations;
- involve unions, associations, associations of legal entities and individual entrepreneurs, other organizations;
- formulate proposals for improving the legal and economic regulation of the activities of arbitration managers;
- exchange information and conduct joint events with interested Russian legal entities, international organizations, foreign organizations, foreign scientists and specialists;
- send representatives to participate in the commissions for taking the theoretical exam for the unified training program for arbitration managers;
- send representatives to participate in the work liquidation commissions self-regulatory organizations;
- exercise other powers corresponding to the purposes of its activities.
10. The National Association of Self-Regulatory Organizations of Arbitration Managers is obliged to:
- ensure the safety of the compensation funds of self-regulatory organizations transferred to it in accordance with Article 25.1 of this Federal Law and make compensation payments from them in connection with compensation for losses caused by arbitration managers - members of self-regulatory organizations, to persons participating in a bankruptcy case, or to other persons;
- establish a list of mandatory information included by the self-regulatory organization in the register of insolvency practitioners, and the procedure for maintaining such a register by the self-regulatory organization;

Establish the procedure and frequency of collection, processing and storage by self-regulatory organizations of information about the activities of their members;

Pages: 33 out of 155

"...the national association of self-regulatory organizations of arbitration managers (hereinafter also referred to as the national association of self-regulatory organizations) is a non-profit organization, which is based on membership, created by self-regulatory organizations, unites in its composition more than fifty percent of all self-regulatory organizations, information about which is included in a single state register of self-regulatory organizations of arbitration managers, and the purpose of which is to form a coordinated position of arbitration managers on issues of regulation of their activities;..."

Source:

the federal law dated October 26, 2002 N 127-FZ (as amended on July 28, 2012, as amended on October 16, 2012) “On insolvency (bankruptcy)”

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